Ohio Patriot Act Exposed: 10 Problems With The Nazi Like Act

The Ohio General Assembly passed dangerous legislation that went into effect April 14, 2006: Senate Bill 9, known to many as the “Ohio Patriot Act.”This law is both unnecessary to protect Ohioans’ safety and, far worse, threatens our constitutional rights and liberties.

1. It is unnecessary.There is no demonstrable evidence that the laws currentlyon the books are not keeping Ohioans safe. There wasno need for an Ohio Patriot Act.The Legislative Service Commission, the research arm ofthe state legislature, reported that SB 9 would not createsignificant growth in Ohio criminal prosecutions for threereasons: (a) the conduct prohibited under SB 9 already risesto the level of a crime under existing law; (b) terrorist activityhas been historically rare in the State of Ohio; (c) in the unlikelyevent of terrorist activity in Ohio the federal governmentwould most likely take the lead under federal antiterrorismlaws.

2. No amendments could fix a fundamentally bad law.The Ohio Patriot Act is bad for Ohio because it confoundsexisting law and offends civil liberties. Hundreds of Ohioanscalled, faxed, and wrote members of the General Assemblyurging rejection of every version of the Ohio Patriot Act.

3. The hastily enacted federal Patriot Act, the constitutionalproblems that have emerged from it, and the bipartisancalls to reform it, should have served as an example toOhio legislators of what NOT to do.There is a saying that those who do not learn from history aredoomed to repeat it. In the days following the tragedies of September11, 2001, the U.S. Congress hastily passed a massivepiece of legislation called the USA Patriot Act, that few had timeto read and none had time to thoughtfully consider.In the years since then, a groundswell of citizens fromacross the political spectrum has called for reform. Groupsranging from the ACLU to the American Conservative Unionto the Gun Owners Association have said that too much uncheckedgovernment power is never the right answer. Constitutionalprotections and civil liberties must be respected.The Ohio Patriot Act similarly expands state bureaucracyand tramples on constitutional protections.

4. The Ohio Patriot Act expands the powers of an unnecessaryand dangerous bureaucracy.One of the lessons of the 9-11 Commission Report is thatbureaucracy does not keep us safer. SB 9 expands the dutiesof the Division of Homeland Security within the Ohio Departmentof Public Safety. The Division’s charge is to coordinateinformation among various governmental and private organizationsand to encourage the sharing of that information.While it is reasonable and even desirable for governmentalagencies to communicate effectively with each other, bringingprivate organizations into the mix opens a Pandora’s Box ofdata privacy concerns — threatening to turn every individualtransaction into a record that can and will be reviewed andanalyzed and made part of a database.

5. The Ohio Patriot Act intrudes on privacy by requiring individualsto provide identification to law enforcement in abroad range of circumstances, bringing us frighteninglyclose to being a “show me your papers” society.One section allows law enforcement to check IDs of allpeople entering “transportation infrastructure sites” – such asairports, bus stations, or ports – whenever there is a “threat tosecurity.” A person who refuses the demand for identificationwill be denied access to the site. Because the declared “war onterrorism” is open-ended, because we are eternally on at least“heightened” alert, it follows that there is always “a threat tosecurity.” Accordingly, police may demand identification asthe price of admission to any train or bus station, any airportor harbor, at any time.Another section requires you to provide your name, address,or date of birth to a law enforcement officer who “reasonablysuspects” that you have committed or are about tocommit a crime, or that you have witnessed a crime, or evenwitnessed a plan to commit a crime. The U.S. Supreme Courtrecently said that a law requiring persons suspected of acrime to provide their name to an officer was constitutional.In that case, the Court specifically distinguished laws, such asthis one, which required more than simply giving one’s name.The inclusion of witnesses is even more problematic, as itcould include virtually anyone at anytime who may have seenanything – making it susceptible to abuse.It is fundamental to our constitutional freedom that peoplemay go about their business without having to show their papers,to prove who they are or justify what they are doing. The exception,of course, is when there is some legitimate and particularneed for law enforcement to gather specific information from aspecific person. Under those circumstances, police could alwaysact. The Ohio Patriot Act reaches far beyond that to permit governmentauthorities, almost upon whim, to demand informationbeyond what the Constitution allows.

6. The Ohio Patriot Act requires self-incrimination, in violationof the 5th Amendment.This law requires applicants for many state-issued licenses,state or local government contracts or funding, andstate jobs to certify that they have not provided material support to terrorists or terrorist organizations. If they have, theapplication will be denied. If they lie, the application will bedenied and they will be charged with a criminal offense.The first question to be asked on the application, “Areyou a member of an organization on the U.S. Department ofState Terrorist Exclusion List?” is precisely the question weas a people are embarrassed that Senator McCarthy continuallyasked: “Are you now, or have you ever been…?”While it is understandable that the state would prefer not todo business with or employ actual terrorists, it is hard to imaginethat someone intent on committing a terrorist act against theUnited States or the State of Ohio would be deterred by the necessityof denying that goal on a license, contract, or employmentapplication. And for those who may have unwittingly given moneyto a charity that turned out to be a front for terrorists, they wouldbe required to disclose that in violation of the Fifth Amendmentright against self-incrimination.

7. The Ohio Patriot Act unnecessarily duplicates existingcriminal law and could only serve to create confusion forlaw enforcement and legitimate businesses and researchers.This law makes criminal what is already a crime. It replicatesalready existing federal statutes and regulations regardingthe possession, assembly, and use of materials that couldbe used for weapons — chemical, biological, radiological andnuclear weapons, explosive devices, and their components.By duplicating existing law, the Ohio Patriot Act maycause confusion for law enforcement, legitimate businessesand researchers. While we would hope that criminal chargeswould not be brought against someone with a legitimate basisfor having such materials, the bill certainly exposesnearly every manufacturing or industrial enterprise in Ohio tosuch a possibility, and could discourage other such enterprisesfrom doing business here.

8. SB 9 sends the message that the state equates immigrantswith terrorists.Placing special restrictions on immigrants in this supposedly“anti-terrorism” law is highly discriminatory, essentiallyequating immigrants and aliens with terrorists. It relieson an incorrect assumption, because the example of TimothyMcVeigh (Oklahoma City) proves not all terrorists are fromforeign lands. Furthermore, it is bad policy for Ohio.The Ohio Patriot Act requires that government employeescooperate with immigration and terrorism investigations. Immigrationlaw is incredibly complicated, and immigration status isoften difficult to determine. Strapping our local law enforcementwith this added burden will only serve to stretch our safetyforces more thin, which leaves us all more vulnerable. Moreover,and insofar as immigrant communities may contain terroristsor more garden-variety criminals, it is important that membersof those communities, whether lawfully in the country ornot, feel comfortable and safe speaking with and assisting lawenforcement. When government targets those communities, itreduces cooperation and reduces our safety.

9. The Ohio Patriot Act punishes political dissent.The original version of SB 9 prohibited state and localgovernments and their employees from objecting to the USAPatriot Act and federal law. The final version of SB 9 includeda narrow exception, allowing them to express disagreementwith or a critical opinion of the Patriot Act and related policywithout punishment. However, the assault on political dissentis still alive in this law.The Ohio Patriot Act sends a clear message that, whileyou may be permitted to voice criticism, you cannot act on it.A community committed to respecting the Bill of Rights stillrisks losing its homeland security funding if its policies in anyway “materially hinder or prevent” compliance with federalimmigration, terrorism, or homeland security efforts. It remainsunclear when a local policy crosses the line from permittedspeech to prohibited action. Communities that refuseto conduct “sneak and peak” searches, or those that permitconcealed handguns in public buildings, could be deniedhomeland security funds. This provision attacks core freedomswhile doing nothing to make us safer

10. The Ohio Patriot Act prevents the public from learningabout dangers in their communities.This law allows business owners and operators, andowner-operators of other facilities, to disclose vulnerabilitiesand other security concerns to select government agencies.We all hope they would do that. But in the apparent effort toencourage (without requiring) such disclosure, the Ohio PatriotAct exempts this information from public record. If theaim of this law is protecting the people of this state, what endis served by telling law enforcement that the nuclear powerplant might soon experience melt-down but not notifying theneighbors who are in harm’s way?

For more informationIf you are required to fill out an “I am not a terrorist” questionnaireby the state or local government, have been subject tolaw enforcement demands for ID at transportation sites or becauseyou allegedly witnessed a crime, or were told your localgovernment could not pass a resolution opposing the Patriot Act,then we want to hear from you! Please describe your experiencein a letter and mail it to:ACLU of Ohio FoundationATTN: Intake4506 Chester AvenueCleveland, OH 44103You may also fill out a form on our website http://www.acluohio.orgor reach us by fax 216-472-2210.